AB500, s. 302
3Section
302. 30.68 (9) and (11) of the statutes are amended to read:
AB500,86,74
30.68
(9) Overloading. No person may operate, and no owner of a boat may
5allow a person to operate, a boat that is loaded with passengers or cargo beyond its
6safe carrying capacity, taking into
consideration weather and other account existing
7operating conditions.
AB500,86,13
8(11) Unnecessarily sounding whistles horns; use of flashing lights. No
9person
shall may unnecessarily sound a horn, whistle
, or other sound-producing
10device on any boat while
at anchor or under way on the water. The use of a siren
or
11a light that resembles an emergency light specified under sub. (14) (a) on any
boat 12except
duly authorized a patrol
boats on patrol or rescue boat that is on duty is
13prohibited.
Note: "At anchor or underway" is replaced by "on the water" to make this
prohibition broader. For example, the broader language would prohibit unnecessary
sounding of a horn while a boat is tied to a dock. "Emergency light" is added to the
prohibition on use of a siren.
AB500, s. 303
14Section
303. 30.68 (12) of the statutes is repealed.
Note: The prohibition on mooring or fastening a boat to aids to navigation or
regulatory markers is deleted here and recreated in s. 30.68 (8m) (c), above.
AB500, s. 304
15Section
304. 30.68 (14) (title) of the statutes is created to read:
AB500,86,1616
30.68
(14) (title)
Patrol boats.
AB500, s. 305
17Section
305. 30.69 (title) of the statutes is amended to read:
AB500,86,18
1830.69 (title)
Water skiing and similar activities.
AB500, s. 306
19Section
306. 30.69 (1) (title) of the statutes is amended to read:
AB500,86,2020
30.69
(1) (title)
Prohibited at certain times Prohibitions; exceptions.
AB500, s. 307
1Section
307. 30.69 (1) (a) of the statutes is renumbered 30.69 (1) (a) (intro.)
2and amended to read:
AB500,87,43
30.69
(1) (a) (intro.)
Except as provided in par. (b), no No person may
operate 4do any of the following:
AB500,87,13
51. Operate a motorboat towing a person
on engaged in water
skis, aquaplane
6or skiing or a similar
device
activity unless there is in the boat a
competent person
7in addition to the operator
in a position to observe the progress of the person being
8towed. An observer shall be considered competent if that person
who is in a position
9to observe, and can in fact observe
, the person being towed and relay any signals to
10the operator.
This observer requirement does not apply to motorboats classified as
11Class A motorboats by the department actually operated by the persons being towed
12and so constructed as to be incapable of carrying the operator in or on the motorboat.
13No person may engage
AB500,87,18
142. Engage in water skiing
, aquaplaning or
a similar activity,
or operate a
15motorboat towing a person engaged in water skiing or a similar activity, at any time
16from sunset to sunrise.
This restriction of the hours of water skiing does not prevent
17restrictions of the hours of water skiing between sunrise and sunset by local
18ordinances enacted pursuant to s. 30.77 (3).
Note: The reference to local ordinances is eliminated, and all provisions related
to local ordinances will be consolidated in s. 30.77. It is proposed to expand this
prohibition to apply to the motorboat operator as well as to the person engaged in water
skiing or a similar activity.
AB500, s. 308
19Section
308. 30.69 (1) (b) of the statutes is renumbered 30.69 (1) (b) (intro.)
20and amended to read:
AB500,87,2221
30.69
(1) (b) (intro.) Paragraph (a)
1. does not apply to
duly authorized water 22any of the following:
AB500,88,3
11. Water ski tournaments, competitions, exhibitions
or trials therefor, where
2adequate lighting is provided, or practice sessions that are authorized by a permit
3from a local governmental unit that enacts an ordinance under s. 30.77.
Note: The reference to "duly authorized" water ski tournaments and other
activities is unclear. A specific reference to authorization by means of a permit from a
local governmental unit that adopts ordinances under s. 30.77 is substituted for that
phrase.
"Practice sessions" is substituted for "trials". The meaning of "trials" is not clear,
although one sense of that word is a preliminary competition. The special committee
believes that the exemption from the observer requirement is widely understood to apply
to all activities related to organized water ski activities, including practice sessions, and
that the broader exemption from the observer requirement is appropriate, so the statute
is redrafted accordingly.
Current s. 30.69 (1) (a) commences with "Except as provided in par. (b)". That
provision is recreated above in s. 30.69 (1) (c), with the omission of the reference to the
provision of adequate lighting. It appears to be the intent of the current statute that the
observer requirement does not apply to water ski tournaments, competitions, exhibitions
or practice sessions under any circumstances.
AB500, s. 309
4Section
309. 30.69 (1) (b) 2. of the statutes is created to read:
AB500,88,75
30.69
(1) (b) 2. Motorboats less than 16 feet long that are operated by the person
6being towed and that are so constructed as to be incapable of carrying the operator
7in or on the motorboat.
AB500, s. 310
8Section
310. 30.69 (1) (bm) of the statutes is created to read:
AB500,88,129
30.69
(1) (bm) Paragraph (a) 2. does not apply to water ski tournaments,
10competitions, exhibitions, or practice sessions that are conducted under a permit
11from a local governmental unit that enacts an ordinance under s. 30.77 and for which
12adequate lighting is provided.
AB500, s. 311
13Section
311. 30.69 (1) (c) of the statutes is renumbered 30.69 (1) (b) 3. and
14amended to read:
AB500,88,1815
30.69
(1) (b) 3.
In addition to complying with par. (a), no person may operate
16a A personal watercraft that is towing a person who is
on engaged in water
skis, an
17aquaplane skiing or
a similar
device activity unless the personal watercraft is
18designed to seat at least 3 persons.
AB500, s. 312
1Section
312. 30.69 (2) of the statutes is amended to read:
AB500,89,62
30.69
(2) Careful and prudent operation. A person operating a motorboat
3having in tow a person
on water skis, aquaplane or
engaged in water skiing or a 4similar
device activity shall operate
such boat the motorboat in a careful and prudent
5manner and at a reasonable distance from persons and property so as not to
6endanger the life or property of any person.
AB500, s. 313
7Section
313. 30.69 (3) of the statutes is amended to read:
AB500,89,118
30.69
(3) Restrictions. (a) No person operating a motorboat that is towing
9persons a person engaged in water skiing
, aquaplaning or
a similar activity may
10operate the motorboat within 100 feet of any occupied anchored boat, any personal
11watercraft
, or any marked swimming area or public boat landing.
AB500,89,1412
(b) No person who is engaged in water skiing
, aquaplaning or
a similar activity
13may
get come within 100 feet of a personal watercraft or allow the tow rope while in
14use to
get come within 100 feet of a personal watercraft.
AB500,89,1615
(c) 1. A motorboat towing a person who is engaged in water skiing
, aquaplaning 16or
a similar activity.
AB500,89,1817
2. The tow rope of a motorboat towing a person who is engaged in water skiing
,
18aquaplaning or
a similar activity.
AB500,89,1919
3. A person who is engaged in water skiing
, aquaplaning or
a similar activity.
AB500,89,2220
(d) Paragraphs (a) to (c) do not apply to pickup or drop areas that are marked
21with regulatory markers and that are open to operators of personal watercraft and
22to persons and motorboats engaged in water skiing
or a similar activity.
AB500, s. 314
23Section
314. 30.69 (4) of the statutes is amended to read:
AB500,90,524
30.69
(4) Intoxicated operation. No person may
use engage in water
skis, an
25aquaplane skiing or a similar
device activity while under the influence of an
1intoxicant to a degree which renders him or her incapable of safely
using engaging
2in water
skis, an aquaplane skiing or a similar
device activity, or under the combined
3influence of an intoxicant and any other drug to a degree which renders him or her
4incapable of safely
using engaging in water
skis, an aquaplane skiing or a similar
5device activity.
AB500, s. 315
6Section
315. 30.70 of the statutes is renumbered 30.70 (1) and amended to
7read:
AB500,90,148
30.70
(1) No person may engage in
underwater diving or swimming with the
9use of swimming fins or skin diving in waters other than marked swimming areas
10or within 150 feet of
the shoreline,
and no unless the location of the swimming or
11diving is marked by a diver's flag. No person may engage in
underwater diving
or
12swimming with the use of
self-contained any underwater breathing apparatus in
13waters other than marked swimming areas, unless the location of
such the diving
or
14swimming is
distinctly marked by
a diver's flag
, not less than.
Note: "Underwater diving" is eliminated and "skin diving" is retained. Skin diving
appears to be a clear reference to all types of diving that do not involve the use of an
underwater breathing apparatus.
AB500,90,22
15(2) A diver's flag under sub. (1) shall consist of a flag that is 12 inches high and
1615 inches long
, displaying and displays one diagonal white stripe 3 inches wide on
17a red background
, and. The diver's flag shall be of
a height above the water so as to
18be clearly apparent at a distance of 100 yards under normal conditions, and so
19designed and displayed as to be visible from any point on the horizon. Except in case
20of emergency,
anyone no person engaging in
such diving or swimming
shall not
that
21requires a diver's flag may rise to the surface outside of a radius of 50 feet from
such 22the diver's flag.
AB500,91,10
1(3) No person engaged in
such diving or swimming
shall that requires a diver's
2flag may interfere with
the operation of anyone fishing
nor or engage in
such diving
3or swimming in established traffic lanes
; nor shall any such person alone or with
4another, intentionally or unintentionally, block or. No person engaged in diving or
5swimming that requires a diver's flag may obstruct any boat in
any manner from 6proceeding
to its destination in its course where
a no reasonable alternative is
7unavailable available. A reasonable alternative
route course is available when the
8otherwise unobstructed boat can
proceed to its destination pass the diver's flag 9without reducing its lawful speed,
by passing to the right or to the left of a marked
10diving operation while complying with s. 30.68 (5g).
Note: This provision is modified to eliminate the requirement that the boat must
be proceeding to its destination in order for the prohibition on obstructing the boat to
apply. This makes the prohibition on obstructing a boat applicable to any legal course
that the boat may take. The added reference to s. 30.68 (5g) is the newly numbered
requirement for boats to remain at least 100 feet from a diver's flag.
AB500, s. 316
11Section
316. 30.71 (1) of the statutes is repealed.
Note: The definition of "outlying waters" duplicates the definition of that term in
current s. 30.01 (4r).
AB500, s. 317
12Section
317. 30.73 (2) (a) of the statutes is repealed and recreated to read:
AB500,91,1313
30.73
(2) (a) Patrol boat operators.
Note: See the exception for patrol boat operators in s. 30.68 (14), as renumbered
from s. 30.64.
AB500, s. 318
14Section
318. 30.73 (4) of the statutes is repealed.
Note: Section 30.73 pertains to use regulations on the Brule River. Subsection (4)
establishes a penalty by cross-reference to s. 30.80 (1). However, that cross-reference is
unnecessary because s. 30.80 (1) provides that it establishes penalties for violation of ss.
30.50 to 30.80 for which a specific penalty is not provided elsewhere.
AB500, s. 319
15Section
319. 30.735 of the statutes is created to read:
AB500,92,2
1630.735 Tampering with navigation aids or regulatory markers. No
17unauthorized person may move, remove, molest, tamper with, destroy, or attempt to
1destroy any aid to navigation or regulatory marker, sign, or other device established
2and maintained to aid boaters.
Note: This provision is currently part of s. 30.68 (12), which is repealed in this bill.
AB500, s. 320
3Section
320. 30.74 (1) (c) and (d) of the statutes are amended to read:
AB500,92,74
30.74
(1) (c) A valid certificate issued by another state, as defined in s. 115.46
5(2) (f), or a province of Canada
or the Canadian government that is held by a person
6will shall be honored if the course content substantially meets that established by
7the department.
Note: Canadian provinces no longer issue boating safety certificates. This is done
by the Canadian government.
AB500,92,108
(d) The department shall
also prepare and disseminate information on water
9safety to the public, including
the informational pamphlets specified in s. 30.52 (5)
10(a) 4. and (b) 3.
AB500, s. 321
11Section
321. 30.74 (2) (a) of the statutes is amended to read:
AB500,92,1712
30.74
(2) (a) The department by rule shall establish uniform marking of the
13water areas waters of this state through the placement of aids to navigation and
14regulatory markers. These rules shall establish a marking system compatible with
15the system of aids to navigation prescribed by the U.S. coast guard
and shall give due
16regard to the system of uniform waterway markers approved by the advisory panel
17of state officials to the merchant marine council, U.S. coast guard.
AB500,92,23
18(bm) No
municipality local governmental unit that enacts an ordinance under
19s. 30.77 or person may mark the waters of this state in
any manner in conflict with
20the marking system
prescribed established by the department
under par. (a). Any
21regulatory marker or aid to navigation that does not comply with this marking
22system is considered an unlawful obstruction to navigable waters and may be
23removed
in accordance with law under s. 30.95.
AB500,93,4
1(c) The department may not prohibit the placement of a regulatory marker or
2an aid to navigation if it complies with
this the marking system
established by the
3department under par. (a) and if it is being placed pursuant to an ordinance
that has
4been enacted
in compliance with under s. 30.77.
Note: The advisory panel is obsolete.
AB500, s. 322
5Section
322. 30.74 (2) (b) of the statutes is repealed.
Note: The definitions of these terms are deleted here and recreated as definitions
in s. 30.50.
AB500, s. 323
6Section
323. 30.74 (3) of the statutes is amended to read:
AB500,93,137
30.74
(3) Enforcement. The department shall assist in the enforcement of ss.
830.50 to 30.80
and in connection therewith. The department may maintain patrol
9boats and
may operate
such the patrol boats at such times and places as the
10department deems necessary in the interest of boating safety and the effective
11enforcement of boating laws.
An ordinance enacted under s. 30.77 does not apply to
12a patrol boat operated by the department if the patrol boat is engaged in a law
13enforcement activity.
Note: This allows wardens to more effectively patrol lakes and streams, primarily
by avoiding the need to comply with extensive slow-no-wake ordinances.
AB500, s. 324
14Section
324. 30.742 of the statutes is renumbered 30.5005 (3).
AB500, s. 325
15Section
325. 30.77 of the statutes is repealed and recreated to read:
AB500,93,16
1630.77 Local regulation of boating. (1) Definitions. In this section:
AB500,93,1817
(a) "Footage of shoreline" means the length of shoreline in feet measured by use
18of a map wheel on the U.S. geological survey 7 1/2 minute map series.
AB500,93,2019
(b) "State law" means this section, ss. 30.50 to 30.71, and those penalties under
20s. 30.80 that apply to ss. 30.50 to 30.71.
Note: Section 30.5005 (1) (b), as created by this bill, provides that a reference to
a statute in any of the boating statutes also includes the rules promulgated under that
statute. Thus, "state laws" includes DNR boating rules.
AB500,94,5
1(2) Local regulation prohibited; exception. State laws shall be uniform in
2operation throughout the state. No local governmental unit may enact an ordinance
3on any matter pertaining to a state law except as provided under this section, or as
4provided under another statute that, by its express terms, and, notwithstanding this
5section, authorizes enactment of an ordinance by a local governmental unit.
Note: This first part of this subsection restates current law. See current s. 30.77
(1). The purpose of this provision is to establish the policy that state boating laws are
intended to be uniform, and that the authorization of local regulation is within the
context of this uniformity.
The provision regarding statutory authority other than s. 30.77 is new and states
expressly what is the apparent intent of s. 30.77, that this statute is the exclusive
authority for local regulation of boating equipment and operations, as well as other
matters subject to regulation under this section, unless specific authority is provided
elsewhere in the statutes.
AB500,94,9
6(3) Duties of the department. (a)
Assistance. The department shall draft and
7disseminate model ordinances that meet the requirements of this section. The
8department shall consult with and assist local governmental units in enacting and
9enforcing ordinances that meet the requirements of this section.
Note: This provision creates a new requirement that DNR must prepare model
ordinances and assist local governmental units in enforcing ordinances enacted by those
governmental units.
AB500,94,1110
(b)
Review of ordinances. The department shall review ordinances as provided
11under sub. (10).
AB500,94,15
12(4) Jurisdiction of certain local governmental units. (a)
Cities, villages, and
13towns. 1. A city, village, or town that has the entire shoreline of an inland lake within
14the boundaries of the city, village, or town may enact ordinances applicable to that
15lake.
AB500,94,1816
2. A city, village, or town that has both banks of a stream within the boundaries
17of the city, village, or town may enact ordinances applicable to that portion of the
18stream that is within the boundaries of the city, village, or town.
Note: The current statute authorizes a town, village, or city to enact ordinances
applicable to both lakes and streams "within its jurisdiction". With respect to streams,
the current statute does not clearly define the jurisdiction of a town, village, or city. This
bill authorizes the town, village, or city to enact ordinances applicable to streams within
its boundaries (i.e., the town, village, or city has territory on both banks of the stream).
A later provision, in sub. (4) (e), provides that a town, village, or city that is adjacent to
a stream may enact ordinances if the town, village, or city that is also adjacent to the
stream (i.e., on the opposite shore) enacts the identical ordinance.
AB500,95,71
3. Notwithstanding pars. (b) 1. to 3. or (c) to (e), a city, village, or town may enact
2ordinances applicable to waters of this state that pertain to issues of local concern
3to that city, village, or town, as specified in sub. (5) (h). If there is a disagreement
4among local governmental units regarding the content of an ordinance enacted
5under this subdivision, or the priority of an ordinance enacted under this
6subdivision, as provided in sub. (7) (c), the matter may be submitted to the
7department for a determination.
Note: This provision is new. It authorizes ordinances that are of concern only to
an individual town, village, or city. The provisions regarding priority of local
governmental unit authority in sub. (7) (c) make it clear that a town, village, or city
ordinance related only to local issues supersedes inconsistent provisions of any other
ordinance applicable to the same body of water. The scope of these ordinances of local
concern is limited by sub. (5) (h).
AB500,95,98
(b)
Counties. 1. A county that has both banks of a stream within the county
9boundaries may enact ordinances applicable to that portion of the stream.
Note: "Stream" is used instead of "river or stream", which is used in the current
statute. There is not a substantive distinction between these 2 terms.